Ivan Henry spent 27-years of his life in jail after he was wrongfully convicted for ten counts of rape and indecent assault in 1983.
In 2010, he was released and acquitted from all charges by the B.C. Court of Appeal after major holes were found in the original investigation that led to Henry’s guilty verdict.
The decision was based on improper police investigative practices, the non-disclosure of crown evidence to the defendant, and allowing jurors to infer he was guilty because Henry refused to be in a police line-up where he was later chosen by victims while being held in a chokehold.
It is believed that he did not receive a fair trial because he represented himself.
Since being acquitted, the 66-year old has filed civil lawsuits against provincial and federal attorney generals, the City of Vancouver, and members of the Vancouver Police Department who oversaw the original investigation that led to his wrongful conviction.
Henry is seeking compensation for abuse of process, malicious prosecution, misfeance in public office, and an award for charter damages.
The defendants appealed against Henry’s case, arguing that he should not receive compensation for negligent conduct.
On Tuesday, the B.C. Court of Appeal announced a ruling that supports the defendants claims based on precedent set by the Supreme Court of Canada where it denied crown prosecutors of any liability for negligence leading to wrongful convictions.
The case against prosecutors is still ongoing.